2019 (4) TMI 1977 - HC - Money Laundering

Grant of Anticipatory Bail - illegal transportation of poor quality of rice salt - offence punishable under Sections 409 420 109 120B of IPC 1860 Sections 13(1)(d) read with Section 13(2) 11 of the Prevention of Corruption Act 1988 - HELD THAT - Considering the fact that the charge-sheet has been filed against the applicant and further considering the fact that there is no direct evidence against the present applicant the benefit of anticipatory bail is extended to the applicant. Anticipatory bail application is allowed.

Summary

Issues:
Anticipatory bail application under Section 438 of the Cr.P.C. for offences under Sections 409, 420, 109, 120B of IPC, 1860 & Sections 13(1)(d) read with Section 13(2) & 11 of the Prevention of Corruption Act, 1988.

Detailed Analysis:

1. Legal Provisions Involved:
The applicant filed an anticipatory bail application under Section 438 of the Cr.P.C. for offences under Sections 409, 420, 109, 120B of IPC, 1860 & Sections 13(1)(d) read with Section 13(2) & 11 of the Prevention of Corruption Act, 1988.

2. Facts of the Case:
The applicant, a former Managing Director of a government entity, was accused of involvement in corrupt practices related to the supply of poor-quality goods and illegal transportation. Allegations included misappropriation of funds and receiving illegal payments.

3. Applicant's Arguments:
The applicant's counsel argued that there was no evidence of entrustment of property or fraudulent intent on the applicant's part. It was also contended that there was no proof of the applicant gaining any pecuniary advantage as alleged.

4. State's Opposition:
The State opposed the anticipatory bail application, stating that while direct evidence against the applicant was lacking, the evidence collected should be considered in its entirety to establish liability.

5. Judicial Decision:
After hearing both parties and examining the case diary, the court found that although a charge-sheet had been filed, there was no direct evidence against the applicant. Consequently, the court granted anticipatory bail to the applicant.

6. Conditions of Anticipatory Bail:
The court directed the applicant to surrender before the trial court and furnish a personal bond. The applicant was required to comply with various conditions, including refraining from influencing witnesses, ensuring fair trial proceedings, appearing in court as scheduled, cooperating with police interrogations, and seeking court permission before leaving the country.

7. Conclusion:
The anticipatory bail application was allowed, and the applicant was granted bail upon fulfilling the specified conditions until the completion of the trial.

This detailed analysis covers the legal provisions, factual background, arguments presented, judicial decision, conditions of anticipatory bail, and the overall conclusion of the judgment delivered by the Chhattisgarh High Court in the case.